VIKRAM NATH, SANDEEP MEHTA
M. C. Ravikumar – Appellant
Versus
D. S. Velmurugan – Respondent
| Table of Content |
|---|
| 1. background of loan transactions and property security (Para 4) |
| 2. argument against permissible review of prior order (Para 5 , 6) |
| 3. defense on changing circumstances for quashing (Para 7 , 8) |
| 4. prohibition on multiple petitions under cr.p.c. (Para 12 , 13) |
| 5. second quashing petition review deemed impermissible (Para 14 , 16) |
| 6. restoration of criminal complaint by allowing appeal (Para 17 , 19 , 20) |
JUDGMENT :
SANDEEP MEHTA, J.
1. Heard.
2. Leave granted.
3. The instant appeal has been filed against final judgment and order dated 13th September, 20221 [Hereinafter, referred to as “impugned order”] passed by the High Court of Judicature at Madras2 [Hereinafter, referred to as “High Court”] in quashing petition3 [Criminal Original Petition No. 16241 of 2022] filed by the respondents herein.4 [Hereinafter, referred to as “accused-respondents”] Vide the impugned order, the High Court allowed the quashing petition and quashed the criminal complaint5 [Criminal Complaint No. 1828 of 2019] filed by the appellant herein6 [Hereinafter, referred to as “complainant” or “appellant-complainant] against the accused-respondents for the offences punishable under Sections 193 , 406, 418,
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Superintendent & Remembrancer of Legal Affairs vs. Mohan Singh
A second quashing petition under Section 482 Cr.P.C. is not maintainable if the grounds were available during the first petition, reinforcing the prohibition against repeated submissions based on pre....
The High Court can quash criminal proceedings under Section 482 of Cr.P.C. to prevent abuse of process when complaints are motivated by civil disputes.
The High Court's inherent powers under Section 482 Cr.P.C can be invoked to prevent abuse of process and ensure justice, emphasizing the need for substantial justification in criminal proceedings.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, especially if a civil suit is pending.
(1) Quashing of criminal case – Jurisdiction under Section 482, Cr.P.C. is extraordinary in nature and is to be exercised with great caution – High Court must avoid usurping function of trial court o....
The inherent powers under Section 482 should be exercised in a given and deserving case where the Court is satisfied that exercise of such power would either prevent abuse of such power or such exerc....
The court's decision emphasized that the power under Section 482 of Cr.P.C should not be used to inquire into the validity of the evidence, but only to consider whether the allegations in the complai....
The court reaffirmed that inherent powers cannot be used to review final orders, as this would contravene the explicit provisions of the CrPC.
Criminal proceedings cannot be maintained if they are found to be an abuse of process, particularly when the complainant has previously lost in civil litigation.
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